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111507P.pdf 01/25/2012 United States v. Brock Burman
U.S. Court of Appeals Case No: 11-1507
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
Criminal case - Criminal law and sentencing. Defendant waived his
double jeopardy argument that the possession of child pornography
charged in Count IV was identical to the receipt charged in Counts I, II
and III by pleading guilty to the offenses; no error in imposing a five-level
enhancement under Guidelines Sec. 2G2.2(b)(3)(B) based on defendant's
use of Gigatribe, a file sharing program; no error in imposing two criminal
history points under Guidelines Sec. 4A1.2(e)(2). Judge Colloton,
concurring in part and concurring in the judgment.